Legal Opinion · Concurrence

Gordon v. Gordon

Supreme Court of New Hampshire

Decided March 12, 1875Published

In equity. The bill is brought by Ida M. Gordon and Ruth 0. Gordon, children and only heirs of Henry L. Gordon deceased, — the latter being a minor, and appearing by her guardian, Daniel A. Tilton,— against William Gordon, and the executrix and heirs at law of William W. George.

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In equity. The bill is brought by Ida M. Gordon and Ruth 0. Gordon, children and only heirs of Henry L. Gordon deceased, — the latter being a minor, and appearing by her guardian, Daniel A. Tilton,— against William Gordon, and the executrix and heirs at law of William W. George. It alleges that H. L. Gordon died about November 15, 1865, seized of certain described real estate ; that Edwin F. Bailey was appointed administrator November 23,1865 ; that the personal estate which came to his hands amounted to $16,926.63, and that the debts existing against the estate were less than $100 ; that…

1Concurrence

As the heirs and representatives of a person deceased are only entitled to that portion of their ancestor's estate which remains after payment of all just debts, it follows that the interest of such heirs and representatives imperatively demand that means should be provided by which the ancestor's real estate, if needed to pay debts, should at the earliest practicable moment be appropriated, as far as necessary, to that purpose. It is also quite necessary that the purchasers of real estate so sold should have reason to place confidence in the title they would so acquire, as there is hardly…

2Cases cited2 opinions

  1. Thompson v. TolmieSupreme Court of the United States · 1829
  2. Hall v. WoodmanSupreme Court of New Hampshire · 1870

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